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My name is Nina Jorgensen.

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I am a professor in the law faculty

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at the Chinese University of Hong Kong.

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And I am going to present a short lecture

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on article 124 of the Rome Statute,

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and this is a transitional provision.

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Article 124 allowed States, on

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becoming Parties to the ICC Statute,

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to opt out of accepting the jurisdiction

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of the Court with respect to the category

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of crimes referred to in article 8

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of the Statute - in other words,

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war crimes, when such crimes alleged

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to be committed by the state

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nationals or on its territory.

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The opt-out would only be valid

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for a period of seven years after

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the entry into force of the Statute

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for the State concerned, and it

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could be withdrawn at any time.

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Although reservations to the ICC Statute

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are, in general, prohibited under

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article 120, article 124 effectively

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constitutes a permitted reservation

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with specified qualifications.

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At least, the underlying rationale

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for the provision seems similar to

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reservations, namely to attract hesitant

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parties by allowing some possibility

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to modify or exclude provisions

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deemed problematic by

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deemed problematic by

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a particular State.

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Colombia and France made

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declarations under article 124

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upon ratification of the ICC Statute.

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France withdrew its declaration in 2008.

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As a consequence of Colombia's declaration,

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the ICC may only exercise its

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jurisdiction over war crimes committed

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in the territory or by the nationals of Colombia

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after the 1st of November 2009,

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in other words, after the expiry

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of the 7 year period.

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However, the ICC can exercise its

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jurisdiction in relation to Colombia

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over the other crimes listed in

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the Rome Statute committed

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since 1st of November 2002.

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The final sentence of Article 124

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states that "the provisions of this

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article shall be reviewed at the

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Review Conference convened in

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accordance with article 123, paragraph 1

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of the Statute".

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At the first Review Conference in 2010,

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it was decided to retain article 124

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and review it further at next session

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of the Assembly of State Parties.

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In 2015, the Assembly adopted

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by consensus an amendment by

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which article 124 would be deleted.

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This amendment is awaiting ratification

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or acceptance by seven-eighths of

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the States Parties before it can

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enter into force in accordance

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with article 121, paragraph 4.

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Thank you for your attention.